Insurance Contract Law


Insurance Contract Law
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The Law Of Insurance Contracts


The Law Of Insurance Contracts
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Author : Malcolm Alistair Clarke
language : en
Publisher: Lloyd's of London Press Limited
Release Date : 1994

The Law Of Insurance Contracts written by Malcolm Alistair Clarke and has been published by Lloyd's of London Press Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.


"Widely regarded as the premier source to insurance contract law, it provides an exhaustive guide with detailed notes you can cite in court in a highly readable, fuss-free manner."



Transparency In Insurance Contract Law


Transparency In Insurance Contract Law
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2020-03-11

Transparency In Insurance Contract Law written by Pierpaolo Marano and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-11 with Law categories.


This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.



Insurance Contract Law


Insurance Contract Law
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Author : Great Britain. Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2012

Insurance Contract Law written by Great Britain. Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


This joint discussion paper covers the following issues: the business insured's duty of disclosure, and the law of warranties. Under current law, a business policyholder has a duty to disclose every material circumstance it knows about the risk it wants to insure. Failure to do so entitles the insurer to avoid the contract, which means the insurer may treat it as if it did not exist and refuse all claims. The duty is unclear and sometimes poorly understood, while the consequence of breach is too harsh. The proposals aim to clarify how policyholders are expected to comply with the duty when presenting a risk to insurers and to encourage insurers to assist them in that task. Fairer remedies for breach where the policyholder has not been dishonest., are proposed. An insurance warranty is an important term which, unless exactly complied with by the policyholder, results in the automatic discharge of the insurer's liability for loss. It makes no difference if the breach is trivial, not material to the risk or if the policyholder remedies the breach prior to loss being incurred.The Commissions propose that breach of a warranty should suspend the insurer's liability for the duration of the breach; remedy of the breach restores liability. Where a term is designed to reduce a particular type of risk, liability should only be suspended in relation to that risk. This would be mandatory for consumer insurance but subject to freedom to contract for business insurance.



The Law Of Insurance Contracts


The Law Of Insurance Contracts
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Author : Malcolm Alistair Clarke
language : en
Publisher:
Release Date : 2002

The Law Of Insurance Contracts written by Malcolm Alistair Clarke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.


This guide to the law of insurance contracts is now presented in looseleaf format, aiming to make it easy to find answers to contract problems and to allow the information to be continuously updated as the law changes. The depth and range analyzes all aspects of insurance contracts and presents detailed content but with a practical structure making it easy to read and making solutions easy to find.



Interpretation Of Insurance Contracts


Interpretation Of Insurance Contracts
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Author : Jeffrey W. Stempel
language : en
Publisher: Aspen Publishers
Release Date : 1994

Interpretation Of Insurance Contracts written by Jeffrey W. Stempel and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Business & Economics categories.




Insurance Contract Law


Insurance Contract Law
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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2011-12-20

Insurance Contract Law written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-20 with Law categories.


This Consultation Paper is part of a wider review of insurance contract law, carried out by the Law Commission and Scottish Law Commission. It covers four topics: (1) Damages for late payment; (2) Insurers' remedies for fraudulent claims; (3) Insurable interest; (4) Policies and premiums in marine insurance. This paper follows a previous consultation paper in 2007 on Misrepresentation, Non-Disclosure and Breach of Warranty (LCCP 182; SLCDP 134, ISBN 9780117037823).



Insurance Contract Law


Insurance Contract Law
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Author : Robert M. Merkin
language : en
Publisher:
Release Date : 1992

Insurance Contract Law written by Robert M. Merkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with categories.




Principles Of European Insurance Contract Law


Principles Of European Insurance Contract Law
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Author :
language : en
Publisher: Walter de Gruyter
Release Date : 2009-11-16

Principles Of European Insurance Contract Law written by and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-16 with Law categories.


In this volume the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law ("PEICL"). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law ("DCFR Insurance"). The volume comprises the PEICL/DCFR Insurance as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, Slovak, Spanish and Swedish. A short introduction sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relate to the overall Draft Common Frame of Reference, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.



The Law Of Insurance Contracts


The Law Of Insurance Contracts
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Author : Malcolm Alistair Clarke
language : en
Publisher:
Release Date :

The Law Of Insurance Contracts written by Malcolm Alistair Clarke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Insurance law categories.




Insurance Contract Law


Insurance Contract Law
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Author :
language : en
Publisher:
Release Date : 2014

Insurance Contract Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Disclosure of information categories.